Can a $50,000 investigation save single trees from falling in Barrie?
City councillors gave initial approval Monday night to include that amount in next year’s proposed budget to conduct a cost benefit analysis associated with individual (single) tree bylaws to mitigate future damage of privately owned trees due to private construction and excavation projects and report back.
This investigation would include: individual heritage trees, an evaluation of best practices from other municipalities, the potential for a more comprehensive approach to mature tree protection beyond excavation and construction, and a public and stakeholder consultation process.
Operating and capital funding would be required, based on the level of regulation proposed. Estimated costs for alternatives presented range from $125,000 to $600,000 annually, including staff and enforcement. Budget talks begin later this month and this expenditure would need to be approved then.
Coun. Jim Harris, who originally introduced the motion, said it came from concerns that tree roots were being damaged from the construction of detached secondary dwellings.
“We did see a significant increase in concerns related to secondary units recently and the impact that those excavations were having on trees,” he said. “Having a review would stand us well… in understanding what the best route is.”
“I think it would be good to hear the feedback and look at costing,” said Coun. Ann-Marie Kungl.
“I suspect that there are a lot of different ways to implement something like this and it doesn’t have to cost anywhere near $600,000, at least I sure hope it doesn’t,” said Coun. Clare Riepma. “But it depends on how we do it.”
But Coun. Mike McCann seized on the $600,000 figure.
“We need to cut spending. It could be $600,000,” he said of the cost. “I think there is enough detail out there (from other municipalities) that we don’t have a hire a consultant (at $50,000).
“We’re talking about whether we cut a tree down or don’t cut a tree down. I don’t see the rocket science here.”
Mayor Jeff Lehman said the $50,000 cost for a consultant was too much, but that some of the discussion was misleading.
“This is the second time tonight where the one high number in the report has dominated the discussion, and I think we do a disservice to our residents when we cherry pick the number that sort of fits the narrative we’re trying to propose,” he said of the $600,000.
“The point is if you don’t go through a process to figure out what you want to do, what level of service…”
City council will consider final approval of the motion at its Nov. 8 meeting.
Arlene McCann lives on William Street in the Allandale area and has a detached accessory dwelling under construction that’s backing onto her yard and its trees.
She says it’s a positive step that the city is investigating an obvious hole in Barrie’s bylaws, that a public consultation process is valuable and she wants to participate in it.
But McCann said she’s frustrated with replanting as an option to tree loss, as stated in the staff report, or cash in lieu.
“There is nothing equal to replacing a mature tree with a sapling,” she said. “There are numerous studies done within the past year to back this up. We need both young and old trees to help in the fight with climate change. We need a cross-section of ages to maintain a healthy canopy in our city.
“The costs of a more comprehensive enforcement and public information campaign need to be weighed against the very real costs of the damage to ourselves, our environment and our city’s infrastructure, if we choose to neglect the importance of these stately trees.”
The Municipal Act of Ontario gives municipalities the authority to prohibit or regulate the destruction or injuring of trees.
Last month, council approved a number of city-wide changes to Barrie’s zoning bylaw — to address the impact of detached accessory dwellings on mature trees. Residents have expressed concerns for mature trees and the importance of Barrie’s urban forest canopy, including shade, run-off retention, soil stability, air quality, etc. Trees also play an important role in privacy, sense of place and neighbourhood character.
Staff say tree removal is not unique to the construction of a detached accessory dwellings, and that it also allows for the creation of other accessory buildings and structures, including pools and detached garages.
There are also increases to the minimum rear and side yard setback requirement — in part to address setbacks to surrounding vegetation, and to allow more space for landscape buffers to be planted. This means a minimum three-metre wide landscaped buffer area along the interior side lot lines of the property and a minimum rear-yard setback to seven metres.
Detached accessory dwellings will also be subject to a scoped site plan control review process, which will include providing information about existing on-site and surrounding landscape conditions, including trees. A tree-removal permit is only required where a tree is part of a continuous woodlot, and ultimately, tree protection would be best addressed through a tree protection bylaw under the Municipal Act, not the zoning bylaw or site-plan control bylaw, according to staff.
A scoped site-plan control process for all detached accessory dwellings will also help inform neighbours of plans for the property. Detached accessory dwellings are as of right permissions in the zoning bylaw and there is no opportunity for neighbours to object to their construction, as there is no requirement to provide notice to neighbours prior to a building permit being issued.
Through the scoped site plan control review and approval process, a sign could be required to be posted on the property to notify neighbours of any development plans.
Since 1990, all trees on private property that are within an ecological woodlot of half an acre or more have been protected under the provisions of a private tree bylaw, which prohibits or regulates the injuring or destruction of trees on private property in Barrie.
Annually, city staff issue three to five tree removal permits for subdivision or site plan developments, two to three permits for single lot construction works, such as pool installation or additions, and one permit for woodlot management, such as thinning or harvesting.
Staff also deny one to two permit application requests annually — for clearing forest without having an approved site plan, subdivision or other approved development plans in place.
While occurring infrequently, city staff have investigated and charged landowners for violating the private tree bylaw with resulting fines and restoration orders issued. Most incidents result in voluntary restoration and replanting by the landowner, however some cases must be resolved in courts. Court cases have resulted in a range from negotiated settlements to fines up to $70,000, and restoration orders as much as $64,000.
So-called heritage trees are protected under the tree preservation bylaw, those formally designated by city council as being unique and of importance to Barrie in terms of distinctive form, size, age and/or historical significance.
Barrie has approximately 24,865 acres of total area, which is covered in about 7,573 acres of tree canopy; about 71 per cent of the tree canopy is on private land, 29 per cent on public land.
The tree canopy on residential, single-detached dwelling properties accounts for approximately 1,356 acres or about 18 per cent of the total tree canopy within Barrie.
